Chapter XXIII: Education

1. All appropriate governments shall recognize the right of all persons with disabilities to education and ensure that persons with disabilities are not excluded from the general education system on the basis of disability not withstanding the degree of the disability 

   a. All appropriate governments shall ensure that there is no segregation of persons with disabilities on the basis of disability, into separate educational systems. As segregation is prohibited, henceforth from the day of the passing of this act no new segregated educational structures including schools will be established.

   b. In order to promote equality and eliminate discrimination, all appropriate Governments shall take appropriate steps to mitigate the negative impact of multiple discriminations that persons with disability face like that of poverty, gender, caste and any other factor leading to marginalisation. 

   c. All non-enrolled children with disabilities shall have access to education appropriate to their individual needs.

    
2. With a view to recognizing this right all appropriate Governments shall realize the right without discrimination and on the basis of equal opportunity shall ensure an inclusive education system at all levels and lifelong learning directed to:

   a) The full development of human potential and sense of dignity and self- worth, and the strengthening of respect for human rights, fundamental freedoms and human diversity; 

   b) The development by persons with disabilities of their personality, talents and creativity, as well as their mental and physical abilities, to their fullest potential; 

   c) Enabling persons with disabilities to participate effectively in a free society. 

    
3. In realizing this right, all appropriate Governments shall ensure that 

   a) persons with disability are not excluded from the general education system and further that children with disability are not excluded from free and compulsory elementary education or from secondary/senior secondary education and other levels of education including technical education, vocational training, adult education, distance learning and lifelong learning.

   b) All Children with disability can access an inclusive, equitable, quality and free elementary education, secondary education, on an equal basis with others in the communities in which they live. 

   c) All Persons with disabilities can access inclusive institutions of higher learning including vocational education on an equal basis with others in the communities in which they live 

   d) Reasonable accommodation as defined in Sectoin ------ of Chapter------on definitions is provided to all persons with disability according to their specific individual requirement

   e) All Persons with disabilities receive the support required, within the general education system, to facilitate their effective education;

   f) Effective individualized support measures are provided in environments that maximize academic and social development, consistent with the goal of full inclusion.

   g) Appropriate systems, structures, processes and resource allocations shall be provided to identify, enroll and retain all children with disability within the general education systems within three years of the passing of this Act.

    
4. All appropriate Governments shall enable persons with disability to learn in inclusive environments and to learn life and social development skills to facilitate their full and equal participation in education and as members of the community. To this end, all appropriate Governments shall take appropriate measures, including:a) F

   a) Facilitating the learning of Braille, alternative script, augmentative and alternative modes, means and formats of communication and orientation and mobility skills, and facilitating peer support and mentoring; 

   b) Facilitating the learning of sign language and the promotion of the linguistic identity of the deaf community; 

   c) Ensuring that the education of persons, and in particular children, who are blind, deaf or deafblind, is delivered in the most appropriate languages and modes and means of communication for the individual, and in environments which maximize academic and social development.

   d) Ensuring that the curriculum, pedagogy and evaluation strategies are sensitive to the evolving capacities of persons with disability, and in particular to the learning needs of children with cognitive and learning difficulties.

   e) Ensuring that the educational material is available in all accessible formats and is suitable to the learning needs of all persons with disability and further that the material takes away the negative stereotypes of disability and promotes positive attitudes in accordance with the rights recognized in this Act. 

   f) With a view to enabling persons with disabilities to participate on an equal basis with others in recreational, leisure and sporting activities, all appropriate Governments shall take measures to ensure that children with disabilities have equal access to participation in play, theatre, art, recreation and leisure and sporting activities 

    
5. In order to help ensure the realization of this right, all appropriate Governments shall take appropriate measures to:

   a) Employ teachers, including teachers with disabilities, who are qualified in sign language and/or Braille, and to train professionals and staff who work at all levels of education. Such training shall incorporate disability awareness and the use of appropriate augmentative and alternative modes, means and formats of communication, educational techniques and materials to support persons with disabilities.

   b) To review, redesign and implement all pre-service and in-service teacher training programmes so that all teachers are equipped with -: inclusive approaches and philosophy— based on sets of attitudes and values which are accepting of diversity, respecting the individual dignity of each individual person with disability; educational techniques pedagogical knowledge and skills of inclusive classroom practices and materials to support persons with disabilities; ensuring an effective learning process of all persons with disability, and in particular people with intellectual impairments, specific learning difficulties, autism, and multiple disabilities; qualified in sign language and/or Braille; the use of appropriate augmentative and alternative modes, means and formats of communication. 

    
6. All appropriate Governments shall ensure that persons with disabilities are able to access general tertiary education, vocational training, adult education and lifelong learning without discrimination and on an equal basis with others. To this end, all appropriate Governments shall ensure that reasonable accommodation as defined in Chapter II section 8a is provided to persons with disabilities. 
7. In order to ensure the realization of this right ,all appropriate Governments shall take measures, including legislation, to modify existing laws, regulations, policies and procedures to unify special and general education system within a common administrative, technical and legislative framework which shall govern the:

   a) Recognition, certification and functioning of all educational bodies including schools,existing special schools,national institutes, accreditation bodies, examination bodies, training and research institutes, education boards and colleges and universities. It shall ensure that the functioning of all such bodies has an inclusive philosophy and stated guidelines reflecting that philosophy

   b) A transition plan shall be designed to ensure:

   i. the transition of all special schools to become neighborhood inclusive schools, recognized by the education board, within 3 years of passing of this act

   ii. the transition of identified organizations working in the area of disability in each district/block to become resource centers and provide individualized support to general schools, teachers, and children with disability, their families and communities to promote inclusive education, within 3 years 

   iii. the transition of mainstream schools into inclusive schools and to ensure that the systems , policies and practices within the inclusive schools follow the principles of this Act 

   c) All the provisions, of the Right to Education Act 2009 shall be amended to ensure the right to education for persons with diasbailities. To ensure this a desk of Inclusive Education in the Ministry of Social Justice and Empowerment which shall work in coordination with the MHRD shall be established to supervise the implementation of the above Act